Process, Open Justice and Fairness, Adversarial System of Justice, Case Management Alternative Dispute Resolution, Costs and Ethics

Question 1

Is there a right to a fair trial?

Answer 1

No! In the Australian Jurisdictions, a fair trial in considered a principle.

Question 2

Whats another term for ‘procedural fairness’?

Answer 2

Natural Justice

Question 3

What is the overriding purpose of the Civil Procedure act?

Answer 3

“Just, Quick and Cheap”

Civil Procedure Act 2005 (NSW) s 56

Question 4

In a Civil procedure case, what is the appropriate legislation to cite regarding the Courts imperative to follow the climate undue delay.

Answer 4

Civil Procedure Act 2005 (NSW) s59

Question 5

In a Civil procedure case, what is the appropriate legislation to cite regarding the Courts imperative to follow the dictates of justice.

Answer 5

Civil Procedure Act 2005 (NSW) s58

Question 6

In a Civil procedure case, what is the appropriate legislation to cite regarding the Courts imperative to adhere proportionality of costs.

Answer 6

Civil Procedure Act 2005 (NSW) s60

Question 7

What is one the key issues in Civil Procedure?

Answer 7

Speedy disposition of cases v Individual Justice

Question 8

What was the main point held in AON v ANU (2009) 239 CLR 175?

Answer 8

• Judicial Officers must now consider the wider public interest in the efficient use of limited court resources when deciding whether to grant applications to amend pleadings;
• Parties are not entitled to raise any arguable case at any stage of proceedings, subject only to payment of costs;
• Amendments that produce delay impact on the entire court system and affect parties who wish to use the court system.

Question 9

What is ADR

Answer 9

Alternative Dispute Resolution; it can be court ordered by CPA s 26 or voluntary elected by the parties.